SEC. 3-2. ADOPTION OF RULES AND REGULATIONS BY CITY COUNCIL.

   The city council, by resolution, shall promulgate such rules and regulations as are necessary to carry into effect the purpose and intent of the competitive service system established by this code.

(`64 Code, Sec. 2-16)

SEC. 3-3. COMPETITIVE SERVICE SYSTEM ESTABLISHED.

   (A)   A competitive service system is hereby established to provide a uniform and equitable standard for classifications, titles, wages, appointments, promotions, disciplinary actions and other matters relating to city employment.

(`64 Code, Sec. 2-17)

   (B)   The provisions of the competitive service system shall apply to all appointive officers and employees. Members of the noncompetitive service shall include all the elected officers, the city manager, assistant city manager, deputy city manager, the city attorney, chief assistant city attorney, assistant city attorney, deputy city attorney, department directors, all appointees on boards, commissions, and committees, all part-time employees, all employees paid on an hourly or per diem wage, and seasonal employees.

(`64 Code, Sec. 2-18, 2-19) (Ord. No. 2052, 3031)

SEC. 3-4. EMPLOYMENT; TESTS; APPOINTMENT.

   A procedure for obtaining employment under the competitive service system shall be established by the human resources director. The procedure shall make provisions for a list of candidates for city positions under the classification plan, for a competitive examination of all applicants to determine their qualifications, for the approval of applicants by department directors, and for the final appointment by the city manager.

(`64 Code, Sec. 2-26)

ARTICLE II. EMPLOYER-EMPLOYEE RELATIONS

SEC. 3-35. SHORT TITLE.

   This article may be cited as “the employer-employee relations procedure of the city.”

(`64 Code, Sec. 2-42.1) (Ord. No. 1433)

SEC. 3-36. PURPOSE OF ARTICLE.

   The purpose of this article is to implement Cal. Gov't Code, Sections 3500 et seq., captioned “Local Public Employee Organizations,” by providing orderly procedures for the administration of employer-employee relations between the city and its employee organizations and for resolving disputes regarding wages, hours and other terms and conditions of employment.

(`64 Code, Sec. 2-42.2) (Ord. No. 1433, 3031)

SEC. 3-37. DEFINITIONS.

   For the purposes of this article, the following words shall have the following meanings:

   (A)   APPROPRIATE UNIT - A unit established pursuant to section 3-44.

   (B)   CONSULT or CONSULTATION IN GOOD FAITH - Communication orally or in writing for the purpose of presenting and obtaining views or advising of intended actions.

   (C)   EMPLOYEE - Any person regularly employed by the city except elected officials.

   (D)   EMPLOYEE, CONFIDENTIAL - An employee who is privy to confidential decisions of city management affecting employer-employee relations.

   (E)   EMPLOYEE, MANAGEMENT -

      (1)   Any employee having significant responsibilities for formulating and administering city policies, including but not limited to the city manager and department directors; and

      (2)   Any employee having authority to exercise independent judgment to hire, transfer, suspend, lay-off, recall, promote or discharge another employee, or having the responsibility to adjust grievances, or effectively to recommend such action if in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.

   (F)   EMPLOYEE ORGANIZATION - Any organization which includes employees of the city and which has as one of its primary purposes, representing such employees in their employment relations with the city.

   (G)   EMPLOYEE, PROFESSIONAL - Employees engaged in work requiring specialized knowledge and skills attained through completion of a recognized course of instruction, including, but not limited to, attorneys, physicians, registered nurses, engineers, architects, teachers and various types of physical, chemical and biological scientists.

   (H)   EMPLOYER-EMPLOYEE RELATIONS - The relationship between the city and its employees and their employee organization, or when used in a general sense, the relationship between city management and employees or employee organizations.

   (I)   EXCLUSIVE REPRESENTATION - The right of a formally recognized employee organization, which has shown that it represents a majority of employees in an appropriate unit, to meet and confer in good faith as the exclusive representative of employees in the appropriate unit.

   (J)   FACT-FINDING - The identification of the major issues in a particular dispute, a review of the position of the parties, and the making of findings of fact on the issues in dispute, without recommendation, unless requested in writing by all parties to the dispute to make recommendations.

   (K)   FACT-FINDER - An impartial person or a three-member panel skilled in matters of employer-employee relations and acceptable to the disputing parties.

   (L)   IMPASSE -

      (1)   A deadlock in the annual or periodic discussions between a majority representative and the city over any matters requiring the parties to meet and confer in good faith, or over the scope of such subject matter; or

      (2)   Any unresolved complaint by an affected employee organization, advanced in good faith, concerning a decision of the municipal employee relations officer made pursuant to sections 3-43, 3-44 or 3-45.

   (M)   MAJORITY REPRESENTATIVE - An employee organization, or its duly authorized representative, that has been granted formal recognition by the municipal employees relations officer as representing the majority of employees in an appropriate unit.

   (N)   MEDIATION or CONCILIATION - The efforts of an impartial third person, functioning as intermediary, to assist the parties in reaching a voluntary resolution to an impasse, through interpretation, suggestion and advice.

   (O)   MEET AND CONFER IN GOOD FAITH - Performance by duly authorized city representatives and duly authorized representatives of an employee organization recognized as the majority representative of their mutual obligation to meet at reasonable times and to confer in good faith regarding matters within the scope of representation, including wages, hours and other terms and conditions of employment, in an effort to:

      (1)   Reach agreement on those matters within the authority of such representatives; and

      (2)   Reach agreement on what will be recommended to the city council on those matters within the decision-making authority of the city council, but does not require either party to agree to a proposal.

   (P)   MUNICIPAL EMPLOYEE RELATIONS OFFICER - The city's principal representative in all matters of employer-employee relations designated pursuant to section 3-47, or duly authorized representative.

   (Q)   PEACE OFFICER - Defined in Cal. Penal Code, Section 830.

   (R)   RECOGNIZED EMPLOYEE ORGANIZATIONS - Formal recognition of an employee organization which has been acknowledged by the city as an employee organization that represents employees of the city with the exclusive right to meet and confer in good faith as the majority representative in an appropriate unit.

   (S)   SCOPE OF REPRESENTATION - All matters relating to employment conditions and employer-employee relations, including, but not limited to, wages, hours and other terms and conditions of employment.

(`64 Code, Sec. 2-42.3) (Ord. No. 1433)